HomeMy WebLinkAboutContract 61444CSC No. 61444
FORT'WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement") is entered into by and between Kiesler Police Supply,
Inc. ("Seller") and the City of Fort Worth ("Buyer"), a Texas home -rule municipal corporation,
individually referred to as "parry" and collectively as the "parties".
The Purchase Agreement includes the following documents which shall be construed in the order
of precedence in which they are listed:
1. This Purchase Agreement;
2. Exhibit A: Terms and Conditions;
3. Exhibit B: Conflict of Interest Questionnaire;
4. Exhibit C: Seller Contact Information; and
7. Exhibit D: Seller's Quote
Exhibits A, B, C, and D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Buyer shall pay Seller in accordance with the fee schedule in Exhibit
D and in accordance with the provisions of this Agreement. Total payment made under this non-
exclusive Agreement for the first year by Buyer shall be an amount not to exceed one million five
hundred thirty thousand and 00/100 dollars ($1,530,000.00). The Parties acknowledge that this is
a non-exclusive agreement to provide Buyer with ammunition for the Police, Fire, and Municipal
Court Departments and there is no guarantee of any specific amount of goods purchased by the
Buyer. Further, Seller recognizes that the not -to -exceed amount mentioned above is the total
amount of funds available collectively, for any Seller that enters into an agreement with the Buyer
to provide ammunition and that once the collected not -to -exceed amount has been exhausted, funds
have therefore been exhausted under this Agreement as well.
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective party. Seller and Buyer have caused this Agreement to be
executed by their duly authorized representatives to be effective as of the date signed by the
Buyer's Assistant City Manager.
[SIGNATURE PAGE FOLLOWS]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
BUYER
CITY OF FORT WORTH
By: William Johnson (M y21,202415:12 CDT)
Name: William Johnson
Title: Assistant City Manager
Date: May 21, 2024
APPROVAL RECOMMENDED
By: RobertRobert Aly 21,202414:47 CDT)
Name: Robert A. Alldredge, Jr.
Title: Executive Assistant Chief
ATTEST:
APvd��do4,pp4ObRLnT��F
00
�yvo go
* *.=��1odddd
°° 000° p
By:
nVnaa4�
Name: Jannette S. Goodall
Title: City Secretary
SELLER
KIESLER POLICE SUPPLY, INC.
By: B=ftt-i—d ;�- Z�tj {
Name: Brittany G' ler
Title: Law EnfoRcement Bid Specialist
Date:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: Xkull'el
Name: Loraine Coleman
Title: Administrative Services Manager
APPROVED AS TO FORM AND
LEGALITY:
+.
By: P4
Name: Andrea Phillips
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0209
Date Approved: 3/19/2024
Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
2 FT. WORTH, TX
Exhibit A
CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subcontractors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The Vendor(s), consultant, supplier, its officers, agents, servants, employees, vendors and
subcontractors, or other provider of goods and/or services who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 TERM
This Agreement will begin on the date signed by the Buyer's Assistant City Manager
("Effective Date") and will expire on March 31, 2025 ("Expiration Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). Buyer will have the
option, in its sole discretion, to renew this Agreement under the same terms and conditions,
for up to four (4) one-year renewal options.
4.0 PUBLIC INFORMATION
Buyer is a government entity under the laws of the State of Texas and all documents held
or maintained by Buyer are subject to disclosure under the Texas Public Information Act.
In the event there is a request for information marked Confidential or Proprietary, Buyer
shall promptly notify Seller. It will be the responsibility of Seller to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be
decided by Buyer, but by the Office of the Attorney General of the State of Texas or by a
court of competent jurisdiction. The Parties agree that nothing contained within this
Agreement is considered proprietary or trade secret information and this agreement may
be released in the event that it is requested.
5.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any
contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer
of any land, materials, supplies or services, except on behalf of Buyer as an officer or
employee. Any willful violation of this section shall constitute malfeasance in office, and
any officer or employee found guilty thereof shall thereby forfeit his office or position.
Any violation of this section with the knowledge, expressed or implied, of the person or
corporation contracting with the City Council shall render the contract invalid by the City
Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter).
3
6.0 ORDERS
6.1 No employees of the Buyer or its officers, agents, servants, vendors or sub -vendors
who act on behalf of various Buyer departments, bodies or agencies are authorized
to place orders for goods and/or services without providing approved contract
numbers, purchase order numbers, or release numbers issued by the Buyer. The
only exceptions are Purchasing Card orders and emergencies pursuant to Texas
Local Government Code Section 252.022(a)(1), (2), or (3). In the case of
emergencies, the Buyer's Purchasing Division will place such orders.
6.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
may result in rejection of delivery, return of goods at the Seller's cost and/or non-
payment.
7.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container shall be clearly and permanently marked as follows: (a) Seller's name and
address: (b) Consignee's name, address and purchase order or purchase change order
number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and
(d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging
unless otherwise provided. Goods shall be suitably packed to secure lowest transportation
costs and to conform to requirements of common carriers and any applicable specifications.
Buyer's count or weight shall be final and conclusive on shipments not accompanied by
packing lists.
8.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading
will operate as a tender of goods.
9.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives
and takes possession of the goods at the point or points of delivery after inspection and
acceptance of the goods.
10.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed.
11.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order,
purchase change order, or release order.
4
12.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller
shall be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
13.0 INVOICES
13.1 Seller shall submit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall indicate the purchase
order or purchase change order number. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading
and the freight waybill, when applicable, should be attached to the invoice. Seller
shall mail or deliver invoices to Buyer's Department and address as set forth in the
block of the purchase order, purchase change order or release order entitled "Ship
to." Payment shall not be made until the above instruments have been submitted
after delivery and acceptance of the goods and/or services.
13.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The
Buyer shall furnish a tax exemption certificate upon Seller's request.
13.3 Payment. All payment terms shall be "Net 30 Days" unless otherwise agreed to in
writing. Before the 1 st payment is due to Seller, Seller shall register for direct
deposit payments prior to providing goods and/or services using the forms posted
on the Buyer's website.
14.0 PRICE WARRANTY
14.1 Every ninety days, Buyer will ask for a proposal from Seller on any changed
pricing. If prices have changed, Seller will provide an updated proposal with
Seller's then -current prices and the approximate time it would take Seller to deliver
the desired ammunition. If Buyer accepts the updated proposal by placing an order
for ammunition, Seller's updated proposal will be considered an addendum to this
Agreement but is not required to be filed. The parties will maintain all proposals
for the three-year audit period as required under this Agreement. The price to be
paid by Buyer shall be that contained in Seller's proposals which Seller warrants to
be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar
quantities under like conditions and methods of purchase. In the event Seller
breaches this warranty, the prices of the items shall be reduced to the prices
contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer
shall have the right to cancel this contract without any liability to Seller for breach
or for Seller's actual expense. Such remedies are in addition to and not in lieu of
any other remedies which Buyer may have in law or equity.
14.2 Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage or contingent fee, excepting employees of an established
commercial or selling agency that is maintained by Seller for the purpose of
securing business. For breach or violation of this warranty, Buyer shall have the
right, in addition to any other right or rights arising pursuant to said purchase(s), to
cancel this contract without liability and to deduct from the contract price such
commission percentage, brokerage or contingent fee, or otherwise to recover the
full amount thereof.
15.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so
shall render this contract voidable at the option of Buyer. Seller warrants that the goods
furnished will conform to Buyer's specifications, drawings and descriptions listed in the
proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict
between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall
govern.
16.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated
by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA)
of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer
may return the product for correction or replacement at Seller's expense. In the event Seller
fails to make appropriate correction within a reasonable time, any correction made by
Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund
all monies received for such goods within thirty (30) days after request is made by Buyer
in writing and received by Seller. Notice is considered to have been received upon hand
delivery, or otherwise in accordance with the Notice to Parties Clause. Failure to make
such refund shall constitute breach and cause this contract to terminate immediately.
17.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use the software. This software is "proprietary" to
Seller, and is licensed and provided to the Buyer for its sole use for purposes under this
Agreement and any attached work orders or invoices. The Buyer may not use or share this
software without permission of the Seller; however, Buyer may make copies of the
software expressly for backup purposes.
18.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
11
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a "Deliverable" and collectively as the
"Deliverables,") do not infringe upon or violate any patent, copyrights,
trademarks, service marks, trade secrets, or any intellectual property rights
or other third party proprietary rights, in the performance of services under
this Agreement.
18.2 SELLER shall be liable and responsible for any and all claims made against
the Buyer for infringement of any patent, copyright, trademark, service mark,
trade secret, or other intellectual property rights by the use of or supplying of
any Deliverable(s) in the course of performance or completion of, or in any
way connected with providing the services, or the Buyer's continued use of the
Deliverable(s) hereunder;
18.3 SELLER agrees to defend, settle, or pay, at its own cost and expense, any claim
or action against Buyer for infringement of any patent, copyright, trade mark,
trade secret, or similar property right arising from Buyer's use of the software
and/or documentation in accordance with this Agreement, it being understood
that this agreement to defend, settle or pay shall not apply if Buyer modifies
or misuses the software and/or documentation. So long as SELLER bears the
cost and expense of payment for claims or actions against Buyer pursuant to
this section, SELLER shall have the right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to
settle or compromise any such claim; however, Buyer shall have the right to
fully participate in any and all such settlement, negotiations, or lawsuit as
necessary to protect Buyer's interest, and Buyer agrees to cooperate with
SELLER in doing so. In the event Buyer, for whatever reason, assumes the
responsibility for payment of costs and expenses for any claim or action
brought against Buyer for infringement arising under this Agreement, Buyer
shall have the sole right to conduct the defense of any such claim or action and
all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, SELLER shall fully participate and cooperate with
Buyer in defense of such claim or action. Buyer agrees to give SELLER timely
written notice of any such claim or action, with copies of all papers Buyer may
receive relating thereto. Notwithstanding the foregoing, Buyer's assumption
of payment of costs or expenses shall not eliminate SELLER's duty to
indemnify Buyer under this Agreement. If the software and/or documentation
or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted, SELLER shall, at its own expense and as
Buyer's sole remedy, either: (a) procure for Buyer the right to continue to use
the software and/or documentation; or (b) modify the software and/or
documentation to make it non -infringing, provided that such modification
does not materially adversely affect Buyer's authorized use of the software
and/or documentation; or (c) replace the software and/or documentation
with equally suitable, compatible, and functionally equivalent non -infringing
7
software and/or documentation at no additional charge to Buyer; or (d) if none
of the foregoing alternatives is reasonably available to SELLER terminate this
Agreement, and refund all amounts paid to SELLER by Buyer, subsequent to
which termination Buyer may seek any and all remedies available to Buyer
under law; and
18.4 The representations, warranties, and covenants of the parties contained in
section 13 through 17 of this Agreement will survive the termination and/or
expiration of this Agreement.
19.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas,
processes, methods, programs, and manuals that were developed, prepared, conceived,
made or suggested by the Seller for the Buyer pursuant to a Work Order, including all such
developments as are originated or conceived during the term of the Contract and that are
completed or reduced to writing thereafter ("Work Product") and Seller acknowledges that
such Work Product may be considered "work(s) made for hire" and will be and remain the
exclusive property of the Buyer. To the extent that the Work Product, under applicable law,
may not be considered work(s) made for hire, Seller hereby agrees that this Agreement
effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and
ownership interests, including copyright, which Seller may have in any Work Product or
any tangible media embodying such Work Product, without the necessity of any further
consideration, and Buyer shall be entitled to obtain and hold in its own name, all
Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its
vendors hereby waives any property interest in such Work Product.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part
of the undelivered portion of this order if Seller breaches any of the terms hereof, including
warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other
remedies, which Buyer may have in law or equity.
21.0 TERMINATION
21.1 Written Notice. The purchase of goods under this order may be terminated in whole
or in part by Buyer, with or without cause, at any time upon the delivery to Seller
of a written "Notice of Termination" specifying the extent to which the goods to be
purchased under the order is terminated and the date upon which such termination
becomes effective. Such right of termination is in addition to and not in lieu of any
other termination rights of Buyer as set forth herein.
21.2 Non -Appropriation of Funds. In the event no funds or insufficient funds are
appropriated by Buyer in any fiscal period for any payments due hereunder, Buyer
will notify Seller of such occurrence and this Agreement shall terminate on the last
8
day of the fiscal period for which appropriations were received without penalty or
expense to Buyer of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds have been appropriated.
21.3 Duties and Obligations of the Parties. Upon termination of this Agreement for any
reason, Seller shall only be compensated for items requested by the Buyer and
delivered prior to the effective date of termination, and Buyer shall not be liable for
any other costs, including any claims for lost profits or incidental damages. Seller
shall provide Buyer with copies of all completed or partially completed documents
prepared under this Agreement. In the event Seller has received access to Buyer
Information or data as a requirement to perform services hereunder, Seller shall
return all Buyer provided data to Buyer in a machine-readable format or other
format deemed acceptable to Buyer.
22.0 ASSIGNMENT / DELEGATION
No interest, obligation or right of Seller, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent
of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer
giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all
documents, as determined by Buyer, that are reasonable and necessary to verify Seller's
legal status and transfer of rights, interests, or obligations to another entity. The documents
that may be requested include, but are not limited to, Articles of Incorporation and related
amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc.
Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller
is not in compliance with this provision. If Seller fails to provide necessary information in
accordance with this section, Buyer shall not be liable for any penalties, fees or interest
resulting therefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration in writing and is signed by the aggrieved parry.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both
parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the
Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions
together with any attachments and exhibits. This Agreement is intended by the parties as a
final expression of their agreement and is intended also as a complete and exclusive
statement of the terms of their agreement. No course of prior dealings between the parties
and no usage of trade shall be relevant to supplement or explain any term used in this
Agreement. Acceptance of or acquiescence in a course of performance under this
Agreement shall not be relevant to determine the meaning of this Agreement even though
the accepting or acquiescing party has knowledge of the performance and opportunity for
objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in
this Agreement, the definition contained in the UCC shall control. In the event of a conflict
between the contract documents, the order of precedence shall be these Standard Terms
and Conditions, and the Seller's Quote.
26.0 APPLICABLE LAW / VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term
"Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the
Uniform Commercial Code as adopted and amended in the State of Texas. Both parties
agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant
County, Texas. This contract shall be governed, construed and enforced under the laws of
the State of Texas.
27.0 INDEPENDENT CONTRACTOR(S)
Seller shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive
right to control, the details of its operations hereunder, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, employees,
vendors and subcontractors. The doctrine of respondent superior shall not apply as between
Buyer and Seller, its officers, agents, employees, vendors and subcontractors. Nothing
herein shall be construed as creating a partnership or joint enterprise between Buyer and
Seller, its officers, agents, employees, vendors and subcontractors.
28.0 LIABILITY AND INDEMNIFICATION.
28.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES
28.2 GENERAL INDEMNIFICATION- SELLER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND BUYER, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
10
LOSS TO SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
28.3 INTELLECTUAL PROPERTYINDEMNIFICATION- SELLER AGREES TO
DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY
CLAIM OR ACTION AGAINST BUYER FOR INFRINGEMENT OF ANY
PATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR
PROPERTY RIGHT ARISING FROM BUYER'S USE OF THE SOFTWARE
AND/OR DOCUMENTATION IN ACCORDANCE WITH THIS
AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO
DEFEND, SETTLE OR PAYSHALL NOT APPLYIF BUYER MODIFIES OR
MISUSES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS
SELLER BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS
OR ACTIONS AGAINST BUYER PURSUANT TO THIS SECTION, SELLER
SHALL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH
CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT
OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH
CLAIM, HOWEVER, BUYER SHALL HAVE THE RIGHT TO FULLY
PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS,
OR LAWSUIT AS NECESSARY TO PROTECT BUYER'S INTEREST, AND
BUYER AGREES TO COOPERATE WITH SELLER IN DOING SO. IN THE
EVENT BUYER, FOR WHATEVER REASON, ASSUMES THE
RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY
CLAIM OR ACTION BROUGHT AGAINST BUYER FOR INFRINGEMENT
ARISING UNDER THIS AGREEMENT, BUYER SHALL HAVE THE SOLE
RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION
AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE
AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER,
SELLER SHALL FULLY PARTICIPATE AND COOPERATE WITH BUYER
IN DEFENSE OF SUCH CLAIM OR ACTION. BUYER AGREES TO GIVE
SELLER TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION,
WITH COPIES OF ALL PAPERS BUYER MAY RECEIVE RELATING
THERETO. NOTWITHSTANDING THE FOREGOING, BUYER'S
ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES SHALL NOT
ELIMINATE SELLER'S DUTY TO INDEMNIFY BUYER UNDER THIS
AGREEMENT. IF THE SOFTWARE AND/OR DOCUMENTATION OR ANY
PART THEREOF IS HELD TO INFRINGE AND THE USE THEREOF IS
ENJOINED OR RESTRAINED OR, IF AS A RESULT OF A SETTLEMENT
OR COMPROMISE, SUCH USE IS MATERIALLY ADVERSELY
RESTRICTED, SELLER SHALL, AT ITS OWN EXPENSE AND AS
BUYER'S SOLE REMEDY, EITHER: (A) PROCURE FOR BUYER THE
RIGHT TO CONTINUE TO USE THE SOFTWARE AND/OR
11
DOCUMENTATION, OR (B) MODIFY THE SOFTWARE AND/OR
DOCUMENTATION TO MAKE IT NON -INFRINGING, PROVIDED THAT
SUCH MODIFICA TION DOES NOT MA TERIALL Y AD VERSEL Y AFFECT
B UYER'S A UTHORIZED USE OF THE SOFTWARE AND/OR
DOCUMENTATION; OR (C) REPLACE THE SOFTWARE AND/OR
DOCUMENTATION WITHEQUALLY SUITABLE, COMPATIBLE, AND
FUNCTIONALLYEQUIVALENT NON -INFRINGING SOFTWARE AND/OR
DOCUMENTATIONAT NO ADDITIONAL CHARGE TO BUYER; OR (D) IF
NONE OF THE FOREGOING ALTERNATIVES IS REASONABLY
AVAILABLE TO SELLER TERMINATE THIS AGREEMENT, AND
REFUND ALL AMOUNTS PAID TO SELLER BYB UYER, SUBSEQUENT TO
WHICH TERMINATION BUYER MAY SEEK ANY AND ALL REMEDIES
AVAILABLE TO BUYER UNDER LAW.
29 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
30 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period
for payments due under this contract, then Buyer will immediately notify Seller of such
occurrence and this contract shall be terminated on the last day of the fiscal period for which
funds have been appropriated without penalty or expense to Buyer of any kind whatsoever,
except to the portions of annual payments herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available.
31 NOTICES TO PARTIES
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation
of the transmission, or (3) received by the other party by United States Mail, registered, return
receipt requested, addressed as follows:
TO BUYER:
City of Fort Worth
Attn: Purchasing Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
12
TO SELLER:
Kiesler Police Supply, Inc.
Attn: Brittany Girdler
2802 Sable Mill Road
Jeffersonville, IN 47130
With copy to Fort Worth City
Attorney's Office at same address
32 NON-DISCRIMINATION
Seller, for itself, its personal representatives, assigns, sub -vendors and successors in interest,
as part of the consideration herein, agrees that in the performance of Seller's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any
individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES
FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
SUBVENDORS OR SUCCESSORS IN INTEREST, SELLER AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND BUYER AND HOLD
BUYER HARMLESS FROM SUCH CLAIM.
33 IMMIGRATION NATIONALITY ACT
Seller shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by Buyer, Seller shall provide Buyer with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Seller shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Seller employee who is
not legally eligible to perform such services. SELLER SHALL INDEMNIFY BUYER
AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. Buyer, upon written
notice to Seller, shall have the right to immediately terminate this Agreement for violations of
this provision by Seller.
34 HEALTH, SAFETY, AND ENVIRONMENTAL REOUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In
addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits,
certificates, and inspections necessary to provide the products or to perform the services
hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of
this provision. Buyer shall have the right to immediately terminate this Agreement for
violations of this provision by Seller.
35 RIGHT TO AUDIT
Seller agrees that Buyer shall, until the expiration of three (3) years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have
13
access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Seller involving
transactions relating to this Agreement at no additional cost to Buyer. Seller agrees that Buyer
shall have access during normal working hours to all necessary Seller facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. Buyer shall give Seller reasonable advance notice of intended
audits. The Buyer's right to audit, as described herein, shall survive the termination and/or
expiration of this Agreement.
36 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA),
Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on
the basis of disability in the provision of services to general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with, or employees of
Seller or any of its subcontractors. Seller warrants it will fully comply with ADA's provisions
and any other applicable federal, state and local laws concerning disability and will defend,
indemnify and hold Buyer harmless against any claims or allegations asserted by third parties
or subcontractors against Buyer arising out of Seller's and/or its subcontractor's alleged failure
to comply with the above -referenced laws concerning disability discrimination in the
performance of this agreement.
37 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties
shall first attempt to resolve the matter through this dispute resolution process. The disputing
parry shall notify the other party in writing as soon as practicable after discovering the claim,
dispute, or breach. The notice shall state the nature of the dispute and list the party's specific
reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties
shall make a good faith effort, either through email, mail, phone conference, in person
meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in
question that may arise out of, or in connection with this Agreement. If the parties fail to
resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute,
then the parties may submit the matter to non -binding mediation upon written consent of
authorized representatives of both parties in accordance with the Industry Arbitration Rules
of the American Arbitration Association or other applicable rules governing mediation then
in effect. If the parties submit the dispute to non -binding mediation and cannot resolve the
dispute through mediation, then either parry shall have the right to exercise any and all
remedies available under law regarding the dispute.
38 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Seller acknowledges that in accordance with Chapter 2270 of the
14
Texas Government Code, the Buyer is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that
it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this contract, Seller certifies
that Seller's signature provides written verification to the Buyer that Seller: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract.
39 PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
Seller acknowledges that in accordance with Chapter 2276 of the Texas Government Code
Buyer is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. To the extent that Chapter 2276 of
the Government Code is applicable to this Agreement, by signing this Agreement, Seller
certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of
this Agreement.
40 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION,
INDUSTRIES.
Seller acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code the Buyer is prohibited from entering into a contract for goods or services
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of
the Buyer with a company with 10 or more full-time employees unless the contract contains a
written verification from the company that it: (1) does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate during the term of the contract against a firearm entity or firearm trade
association. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written
verification to the Buyer that Seller: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
41 INSURANCE REOUIREMENTS
41.1 Covera5ze and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
1s
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Seller, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being performed
Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&O. Either is acceptable if coverage meets all
other requirements. Coverage shall be claims -made, and maintained for the
duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance shall be
submitted to Buyer to evidence coverage.
41.2 General Reuirements
(a) The commercial general liability and automobile liability policies
shall name Buyer as an additional insured thereon, as its interests may
appear. The term Buyer shall include its employees, officers, officials,
agents, and volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of
Subrogation (Right of Recovery) in favor of Buyer.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction
in limits of coverage shall be provided to Buyer. Ten (10) days' notice shall
be acceptable in the event of non-payment of premium. Notice shall be sent
16
to the Risk Manager, Buyer of Fort Worth, 200 Texas Street, Fort Worth,
Texas 76102, with copies to the Fort Worth City Attorney at the same
address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of
A- VII in the current A.M. Best Key Rating Guide, or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
(e) Any failure on the part of Buyer to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(0 Certificates of Insurance evidencing that Seller has obtained all
required insurance shall be delivered to the Buyer prior to Sellor proceeding
with any work pursuant to this Agreement.
17
Exhibit B — CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person
who contracts or seeks to contract for the sale or purchase of property, goods, or services
with a local governmental entity (i.e. The City of Fort Worth) must disclose in the
Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship
that might cause a conflict of interest with the local governmental entity. By law, the
Questionnaire must be filed with the Fort Worth City Secretary no later than seven days
after the date the person begins contract discussions or negotiations with the Buyer, or
submits an application or response to a request for proposals or bids, correspondence, or
another writing related to a potential agreement with the Buyer. Updated Questionnaires
must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form
is also available at https://www.etliics.state.tx.us/data/forms/conflict/CIO.I)df.
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who is
subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that
you might have with the Buyer, state Seller name in the # 1, use N/A in each of the
areas on the form. However, a signature is required in the #4 box in all cases.
18
I *l ATeg jl4 rm &*[.I up a qt,61 1 k1*-1-jLTa 14 is E01-1;i es. t 111 t114 flf-�� I IN 11ti
This clueslionnaire reliscis changas made to the few by ttiL 23 84,th Log, QHJUIW Session.
This questionnaire is being filed in aGcordancewithGhapter 176, LocalGovernment Code,
by a vandorwhohasabusiness relationship asclafinedbySection 179.001(1-a)with a local
governmental enfityand the ven4larmee4srequirements underSaction 176.1M(a).
By lam thisquestionnaire must be filedwith the records adminishator of thalocalgovemmental
entity not later than th--7th businessday after thodate thevendor be -comes aware offacts
that require the statement to be file& SeeSection 1MG06fa-1), Local GovernmenlCode,
A vendor commits an offense if the vendor knowingly violates Section 176-006, Local
Govemmo-itOode.Anoffark-�eurxierthisswfianis a misdemeanor.
Name of vandorwho, basa business relationship with tocal govemmental eaft,
1� .1 Q'd e, . V.-I WIL),
�j I ] Checkthis 4ollre �nganupc �ta to 4p*wi2yslt filed q1tsilormatre.
Ov(The low requires that you file an updated; completed questionnaire with the wpropriala fling authority not
V later than the 7th business day after the date on which you became awara that the odginaW filed questionnaire was
incompleta, or inacwrate.)
31 Rom of Nxud government officer aboutwhom the information In this section is being disclosed.
KJA
Name of Officer
This section Cdom 3 inclinfing: sob ris A, 9, C, & D) awal he completed W each ofter with whom the v has pal ap endor
employment or other business relationship as definad by Section 178-ODI(Va), Local Government Code. Attach addftlona�
pages to this Form CtQ as necessary.
A, Is the local governmentofficer named in this section receiving or likely to receive taxable income, other than investment
income, from the vendor?
F-1 Y— 71 to N I A
1=1 Yes = `,% NIA
�h L41"on I g 1,411 goif I -IQ HKOR 9 ig, WO
El Yw = w pi I h
D- Describe each employment or business and family relationship with the local govemment officer named in this section,
N) IA
) E11c, D 14AAedy
Sign. '. .01 "..rdo—r doing businm with --minentaf eras
19
5113.� QQL�.
Date
Exhibit C - SELLER CONTACT INFORMATION
Seller's Name: �• QI Q,� �QI • �U �n(
Seller's Local Address: aT0D7,Zc,_6f
12-oA�J AV �iu y t
Phone: 44 a-aooff- 5-No Fax: 8,1 e)• 9N- goof
Email: WSiP�1�r•GC
Name of persons to contact when placing an order or invoice questions:
Name/Title G l �� �. ' 1? n p p T Y Ies,
Phone: ��- `� ��' S7yo x Q-;5' Fax:��
Email: Ua ,@ lV-N tP FC r . coM
Name/Title (' 1 Gl i o / L.C.
Phone: ) - a ' S"7i4o (Q Fax: 0 I a-r-),,Vq- nor
Email: irA I �r(c) K12Slf ��r,i,
Name/Title '
.kI e Laun mvAnaaell,
Phone: a- �gS' S7ND �� Fax: YI7- oaeq 400f
Email:
Dl� - Ell" ) 14
as
Signature Printed Name Date
20
Exhibit D - SELLER'S QUOTE
APPROXIMATE MINIMUM APPROXIMATE
AMMUNITION UNIT ORDER IF DELIVERY
UNIT PRICE ANY
LEAD TIME
3 case
min. for
Federal Tactical TRU 308
$583.23
ammo
500rd/case
1-3 months,
Win 168 Grain (T308T)
orders,
ARO
skus may
be mixed
3 case
min. for
Federal Tactical Bonded 308
$425.64
ammo
200rd/case
1-3 months,
WIN Grain (LE308TT2)
orders,
ARO
skus may
be mixed
3 case
Ammo, CCI Lawman, 9mm,
min. for
124 Grain TMJ (SPEER $229.60
1000rd/case ammo
1-6 months,
53651)
orders,
ARO
skus may
be mixed
3 case
Ammo, CCI, 9mm, 100 Grain,
min. for
Non -Toxic Training, (SPEER $448.00
1000rd/case ammo
6-9 months,
53365}
orders,
ARO
skus may
be mixed
21
3 case
min. for
Ammo, CCI Gold Dot, 9mm, $464.69 1000rd/case ammo 6 months, ARO
+P 124 Grain (SPEER 53617) orders,
skus may
be mixed
3 case
Ammo, Remington 223 REM min. for
55GR Lead Free, Jacketed $440.27 500rd/case ammo 6-9 months,
Frangible (REMI 23896) orders, ARO
skus may
be mixed
3 case
Ammo, Federal Cartridge-12, min. for
Ga-8 Pellet, 00 Billings $184.80 250rd/case ammo 9-12 months,orders, ARO
(LE13300) skus may
be mixed
Ammo, Federal .308168gr
Sierra MatchKing BTHP
(GM3 8M)
3 case
min. for
$238.56 200rd/case ammo 1-3 months,
orders, ARO
skus may
be mixed
22
Ammo, Federal Cartridge
.308 Win 168 gr Tactical
(Duplicate LE308TT2 ?)
3 case
min. for
$425.64 200rd/case ammo 1-3 months,
orders, ARO
skus may
be mixed
23
1 month, ARO
skus may
be mixed
24
M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORTWORTH
Create New From This M&C
DATE: 3/19/2024 REFERENCE **M&C 24-
NO.: 0209
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
35AMMUNITION PURCHASE
POLICE FIRE MUNICIPAL
COURT
NO
SUBJECT: (ALL) Authorize Execution of Non -Exclusive Purchase Agreements with Multiple Vendors
to Provide Ammunition in an Annual Aggregate Amount Up to $1,530,000.00 with Four (4)
One -Year Renewal Options for the Police Department, the Fire Department, and the City
Marshal Division of the Municipal Court Department
RECOMMENDATION:
It is recommended that City Council authorize execution of non-exclusive purchase agreements with
multiple vendors to provide ammunition in an annual aggregate amount up to $1,530,000.00 with
four one-year renewal options for the Police Department, the Fire Department, and the City Marshal
Division of the Municipal Court Department.
DISCUSSION:
This Mayor and Council Communication (M&C) requests authorization to execute non-exclusive
purchase agreements with Clyde Armory, Inc.; CMC Government Supply; Dana Safety Supply; GT
Distributors, Inc.; Kiesler Police Supply, Inc.; Precision Delta Corporation; Proforce Marketing Inc.; and
Z Bar Supply Company for the provision of ammunition for the Police Department, the Fire
Department, and Municipal Court, for an annual aggregate amount up to $1,530,000.00, with four (4)
one-year renewal options. The contracts will be used to purchase ammunition for Police Department
recruits and officers, the City Marshal Division of the Municipal Court Department, and the Fire
Department Arson/Bomb Squad.
BACKGROUND: Supply chain issues with procuring ammunition began in 2021 with civil unrest and
Covid pandemic fear throughout the United States and continue today. Worldwide events also affect
the supply and demand of ammunition. Supply chain issues resulting from the closure of some
ammunition production facilities and lack of component items used in the manufacturing led to
increased wait times for the delivery of ammunition. Supply and demand for ammunition is shared by
the military, law enforcement, and civilian customers.
The Police Department experienced challenges with the ammunition supply chain recently: an order
was placed in February 2022, but the ammunition was not delivered until October 2023, 20 months or
two fiscal years after the order was placed.
Police officers, Fire arson investigators, and City Marshals are all "peace officers," required to be
licensed by Texas Commission on Law Enforcement ("TCOLE"). TCOLE requires all sworn peace
officers to qualify annually with their duty weapon to maintain their licenses. The City will not be in
compliance with TCOLE if officers are unable to qualify due to lack of ammunition for training and
practice.
With approval of this M&C, the City will be able to purchase ammunition from multiple vendors and to
be replenish inventory in a timely manner. The City would purchase ammunition several times
annually as opposed to the historical once -a -year purchase. Vendors will be able to more efficiently
process orders in smaller increments rather than struggling to locate sufficient supply to fill one large
order. Smaller orders will allow the City to be more fiscally responsible by purchasing, receiving, and
paying for ammunition in the same fiscal year.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31916&councildate=3/19/2024 4/1/2024
M&C Review
Page 2 of 3
Multiple sources for obtaining ammunition will allow the City the flexibility to purchase as supplies
become available with the fluctuations of supply and demand, thereby alleviating recurring
procurement issues. The City will also be able to better plan for availability of practice ammunition for
officers and new recruits.
The Police Department conducts about three new recruit classes a year. Having ammunition for that
training is imperative. Training is paramount for public safety; the more training officers have, the
more effective officers will be. Weapons accuracy is contingent upon practice.
As Fort Worth continues to grow, there is an increased need for police presence in situations that
depend on well -trained officers. The City is accountable to its citizens for their health, welfare, and
safety. Protecting the citizens of For Worth requires law enforcement personnel who are fully trained
and ready to respond in emergency situations. Having regular, consistent opportunities for purchasing
ammunition for law enforcement officers and recruits creates a safer environment for Fort Worth
citizens and limits potential liabilities.
The maximum annual aggregate amount allowed under the agreements will be $1,530,000.00,
however the actual amount used will be based on department needs and available budget. The
anticipated annual department need for these agreements is below:
DEPARTMENT ANNUAL
AMOUNT
Police $1,500,000.00
Fire $ 15,000.00
Municipal Court $ 15,000.00
TOTAL $1,530,000.00
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
DVIN: The Police Department was approved for a Chapter 252 Exemption by the City Attorney's
Office. Therefore, the business equity goal requirement is not applicable.
AGREEMENT TERM: Upon City Council's approval, the initial term of the agreements will become
effective once executed by the Assistant City Manager and will expire March 31, 2025, with options to
renew.
RENEWAL OPTIONS: The agreements may be renewed for up to four (4) one-year renewal terms, at
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies funds are available in the current operating and capital budgets, as
previously appropriated, in the General Fund for the Police and Fire Departments and Special
Revenue MC Fund for the Court Security Funds project to support the approval of the
above recommendation and execution of the agreements. Prior to an expenditure being incurred, the
Police, Fire and Municipal Court Departments have the responsibility to validate the availability of
funds.
TO
Fund I Department
ID
FROM
Fund Department
ID
Account Project Program Activity
ID
Account Project Program ' Activity
ID
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31916&councildate=3/19/2024 4/1/2024
M&C Review
Page 3 of 3
Submitted for Citv Manager's Office by
Originating Department Head:
Additional Information Contact:
William Johnson (5806)
Neil Noakes (4212)
Robert A Alldredge (4131)
ATTACHMENTS
35AMMUNITION PURCHASE POLICE FIRE MUNICIPAL COURT funds availabilitv.pdf (CFW
Internal)
Chapter 252 Ammunition approved 2-13-2024.pdf (Public)
Clvde Armory Form 1295 2-14-2024.Ddf (CFW Internal)
CIVIC Government Form 1295 2-14-2024.pdf (CFW Internal)
Dana Safetv Form 1295 2-19-2024.Ddf (CFW Internal)
DVIN Request for Waiver approved 2-21-2024.Ddf (CFW Internal)
FID Table Ammunition.XLSX (CFW Internal)
GT Distributors Form 1295 2-14-2024.odf (CFW Internal)
Kiesler Police Form 1295 2-13-2024.Ddf (CFW Internal)
Precision Delta Form 1295 2-13-2024.Ddf (CFW Internal)
Proforce Marketinq Form 1295 2-19-2024.pdf (CFW Internal)
Z Bar Form 1295 2-14-2024.1)df (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31916&councildate=3/19/2024 4/1/2024